IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL &

THE HONOURABLE MR. JUSTICE EASWARAN S.

TUESDAY, THE 6^TH DAY OF AUGUST 2024 / 15TH SRAVANA, 1946 CRP(WAKF) NO. 41 OF 2019 AGAINST THE ORDER/JUDGMENT DATED 17.06.2019 IN OS NO.59 OF

2019 OF WAKF TRIBUNAL, KOZHIKODE REVISION PETITIONER/1ST DEFENDANT:

SHAKEER ANWARI, AGED 37 YEARS S/O. EDAVANA ABOOBACKER, JALAL JUMA MASJID, KOTTAKKAL IRINGAL BAITHUL ABRAR, KOTTAKKAL P. O., KOYILANDY TALUK, KOZHIKODE DISTIRCT, PIN - 673 521 BY ADV G.SREEKUMAR (CHELUR)

RESPONDENT/PLAINTIFFS AND 2ND DEFENDANT:

1 KOTTAKKAL MUSLIM JAMA-ATH, IRINGAL P. O., REP. BY SECRETARY, P. MUHAMMED ASHRAF, AGED 54 YEARS, S/O. KUNHAMMED HAJI, IRINGAL AMSOM DESOM, P. O. KOTTAKKAL , KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN - 673 521

2 P. MUHAMMED ASHRAF, AGED 54 YEARS S/O. KUNHAMMED HAJI, SECRETARY, KOTTAKKAL MUSLIM JAMA-ATH, IRINGAL AMSOM DESOM, P. O. KOTTAKKAL, KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN - 673 521

3 P. ASSAINAR MASTER, AGED 79 YEARS S/O. IBRAHI MUSALIYAR, PRESIDENT KOTTAKKAL MUSLIM JAMA-ATH, CRESENT MAHAL HOUSE, IRINGAL AMSOM DESOM, P. O. KOTTAKKAL , KOYILANDY TALUK, KOZHIKODE DISTRICT, PIN - 673 521

4 CHIEF EXECUTIVE OFFICER, KERALA STATE WAKF BOARD, KALOOR, KOCHI

5 JALALTHU PALLI COMMITTEE (THIRD PARTY), SOUGHT TO BE IMPLEADED BY ADVS.

SRI.M.P.SHAMEEM AHAMED SHRI.T.K.SAIDALIKUTTY, SC, WAQF BOARD T.B.HOOD SRI.P.P.HASHICK SHRI.JAMSHEED HAFIZ, SC, WAQF BOARD M.ISHA AMAL KASHA SRI JAMSHEED HAFIZ SC WAQF THIS CRP (WAKF ACT) HAVING BEEN FINALLY HEARD ON

06.08.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

ORDER

Amit Rawal, J.

1. The present petition is directed against the judgment of the Waqf Tribunal dated 17.06.2019 rendered in O.S.No.59/2019 whereby prohibitory injunction has been issued against the petitioner – defendant No.1 namely Shakeer Anwari.

2. Succinctly the facts in brief are that the respondent – plaintiff instituted the suit for prohibitory injunction against the defendant from interfering into the affairs of the Committee in performing the duties of Khatheeb in Friday prayers, on the premise that the status of Khatheeb no longer subsisted on account of having been removed in accordance with law. It was stated that the plaintiff committee was registered with the District Registrar as S.N.No.59/1986 and it has the jurisdiction to take appropriate decision for proper maintenance of Mosque, Khabaristhan and religious educational institutions. The general body of Kottakkal Muslim Jama-ath elects its executive committee and strength of the committee is seventeen (17) to thirty five (35) and have been paid salary from the account of the committee. In 2016, 1^st defendant – petitioner attempted to interrupt the ceremony in connection with the appointment of Mahal Khasi. A show cause notice was issued on 27.12.2016 and thereafter was removed on account of violation of the directions of the plaintiff committee. Petitioner – defendant No.1 contested the suit and raised objection qua maintainability on the premise that he was the employee of Jalal Masjid Committee and drawn salary from them, a society registered under the Societies Registration Act with No.KKD/CA 607/17, during all these period performing the duties of Khatheeb without any hindrance or demur. The staff members in the Jalal Juma Masjid including the Khatheeb are paid by the Jalal Juma Masjid Committee. Plaintiff did not at any point of time was the employer or was paid the salary, therefore, suit was liable to be dismissed on the ground of misjoinder of the parties. Board did not file any written statement. Since the parties were at variance, the tribunal framed the following issues:

1) Whether the cause of action alleged is true ?

2) Whether the plaintiffs are entitled to a decree for permanent prohibitory injunction sought for ?

3) Reliefs and costs ?

Plaintiffs examined PW1 and PW2 and marked Exts.A1 to A38. DW1 to DW3 were examined on the side of the defendant and marked documents Exts.B1 to B17.

3. On a